Ocean Springs Mayor Connie Moran and the city were threatened with legal action by Advanced Disposal, one of the companies vying for the city's garbage service contract.The Mississippi Press/Warren Kulo

OCEAN SPRINGS -- An attorney for one of the companies vying to be the waste disposal provider for Ocean Springs threatened the city with litigation should Mayor Connie Moran's veto of the original vote not be withdrawn or overridden.

Billy Guice, representing Advanced Disposal, acknowledged he had sent a letter to city attorneys warning of potential litigation if Moran's veto is allowed to stand. The Board of Aldermen voted 4-3 to award the contract to Advanced Disposal over current provider Waste Pro before Moran vetoed the vote a week later.

Guice addressed the board during the Public Comment portion of Tuesday's regular meeting, saying he questioned the validity of Moran's veto and also said the rebate offered by Waste Pro should they retain the Ocean Springs contract could not go into the cash-strapped city's general fund.

"It would be an illegal tax," Guice said. "It would have to go back to the residents."

Guice was later asked to elaborate on potential litigation against the city.

"Any citizen can appeal an action by the board of aldermen or, in this case, the mayor," Guice said. "At this point, that's all I can say."

Earlier, Ward VI alderman James Hagan gave a portent of Guice's comments when he suggested a $10,000 campaign contribution from Waste Pro's Wally Carter to Moran during her losing bid for the state treasurer's office may have played a role in her decision to veto the board's vote.

"I'm no longer comfortable continuing to be involved in these negotiations until I receive a clarification from the state about the ethics involved with this," Hagan said.

McDonnell echoed Hagan, also questioning the ethics of the situation and suggesting the board hold an executive session to discuss the matter in private.

Moran acknowledged receiving a $10,000 contribution from an LLC of which Carter is a partner, adding that it was for the treasurer's race "and had nothing to do with the Mayor's Office.

"It wouldn't have mattered if it had been a $100,000 contribution from Advanced Disposal," Moran continued, "I still would have favored staying with Waste Pro."

Resident Becky Feder, while supporting Waste Pro, also took Hagan and McDonnell to task for what she perceived to be an attack on the mayor.

"I'm very offended that Mr. Hagan would throw out rumors and innuendo," Feder said. "He of all people should know how hurtful that can be to people."

She then raised the issue of McDonnell's relationship with Advanced Disposal and one of the principals in the company, Pam McNair. Advanced Disposal has the current contract for waste disposal at the Mississippi Coast Coliseum, where McDonnell is Assistant Director.

McDonnell began to respond, but was cut off by City Attorney Robert Wilkinson, who advised aldermen not to respond to residents' comments or questions regarding the garbage contract. To do so, he said, would be at their legal "peril."

Several residents spoke during the meeting and all favored keeping Waste Pro, which has provided the city's waste disposal service for six years. Only Guice spoke on behalf of Advanced Disposal.

Resident Karen Chance, who also serves on the city's Planning Commission, said she "strongly objected" to a change in vendors, and pointed out there was more to the decision than the eight cents difference between bids from the two companies.

"I'm not talking about eight cents," Chance said. "I'm talking about common sense."

Carter also addressed the board on behalf of his company, saying his initial bid was lower than Advanced Disposal's, but services were requested by the city committee which were not included in the Request for Proposal (RFP).

State law requires any items negotiated into a contract over $50,000 must be in the RFP, Carter said, also noting even with the additional services requested, his company's bid was only eight cents higher than Advanced Disposal's.

"What you're talking about is stepping over dollars to get to pennies," Carter said. His remarks drew enthusiatic applause from the majority of the audience.

Ultimately, the board moved on to other business, but alderman at-large Bobby Cox revisited the garbage issue during the Aldermen's Forum portion of the meeting.

After serving on the subcommittee which negotiated with the vendors, Cox said "I can seriously understand why we're having trouble with the budget, doing business this way."

Cox said the city should go back and review every contract into which it is currently entered.

At the end of the regular meeting, the board voted to go into executive session to discuss the garbage contract situation. Under state law, governing bodies may go into executive session, out of the public eye, to discuss matters of litigation (potential or existing), personnel, or property matters.

After more than an hour, Ward VI alderman John Gill emerged from the conference room, saying "It's a shouting match back there. It's all about who can shout the loudest."

After just over two hours, the board emerged, but had no further discussion of the garbage contract -- only giving approval for Moran to sign a memorandum of understanding with the school district for use of Taconi gymnasium through the remainder of the school year.